PURCELL v. COM.

No. 2001-SC-0707-DG.

149 S.W.3d 382 (2004)

Jerel PURCELL, Appellant, v. COMMONWEALTH OF KENTUCKY, Appellee.

Supreme Court of Kentucky.

November 18, 2004.


Attorney(s) appearing for the Case

Charles W. Rolph, Flemingsburg, David O. Welch, Law Office of David O. Welch, Ashland, for Counsel for Appellant.

Gregory D. Stumbo, Attorney General, Perry T. Ryan, Assistant Attorney General, Office of Attorney General, Criminal Appellate Division, Frankfort, Counsel for Appellee.


Opinion of the Court by Justice COOPER.

Appellant, Jerel Purcell, photographed a nude male child under the age of sixteen, and was subsequently convicted by a Fleming Circuit Court jury of promoting a sexual performance by a minor, KRS 531.320, and sentenced to ten years in prison. The Court of Appeals affirmed and we granted discretionary review. Appellant asserts (1) that subsection (b) of KRS 531.300(4) (definition of "sexual conduct by a minor") is unconstitutionally...

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